Agenda

City Council Meeting
Municipal Plaza Building
City Hall Complex
103 Main Plaza
San Antonio, Texas 78205
April 10, 2003

At any time during the "B" Session or the Regular City Council Meeting, the City Council may meet in executive session for consultation concerning attorney-client matters (real estate, litigation, contracts, personnel and security). 

I.        The City Council will convene for a "B" Session at 1901 South Alamo at 10:30 A.M. for the following: 

The Development and Business Services Center Ribbon Cutting and Building Tour. [Presented by Rebecca Waldman, Director, Asset Management; Erik J. Walsh, Assistant to the City Manager] 

II.     The City Council will convene in Council Chambers, Municipal Plaza Building in a Regular Council Meeting at 1:00 P.M. 

1. Invocation by Rev. John G. Hargis, Laurel Heights Methodist Church, and Pledge of Allegiance. 

2.      Ceremonial Items.  

3.      Approval of the minutes of the Regular City Council Meeting of March 6 and March 27, 2003.

DISABILITY ACCESS STATEMENT

This meeting is wheelchair accessible.  The accessible entrance is located at 103 Main Plaza.  Accessible parking spaces are located at City Hall, 100 Military Plaza.  Auxiliary aids and services are available upon request (interpreters for the deaf must be requested forty-eight (48) hours prior to the meeting) by calling (210) 207-7245 V/TTY for assistance. Closed captioning is available on broadcasts of the Council meetings on 21-TVSA.

Questions regarding this agenda notice should be directed to the City Agenda Coordinator at 207-7080. 

THE FOLLOWING ITEMS WILL BE CONSIDERED AT THE TIMES INDICATED: 

4.      2:00 P.M. - Public Hearing and Consideration of the following Zoning Cases: [Presented by Florencio Pena, Director, Development Services; Christopher J. Brady, Assistant City Manager] 

A.     NUMBER ZONING CASE NUMBER Z2002272: The request of Jerry Arredondo, Applicant, for Jesus M. and Olga V. Raygoza, Owner(s), for a change in zoning from "R-5" Single-Family Residential District to "C-2 NA" Commercial Non-Alcoholic Sales District on Lot 20, Block 6, NCB 9194, 302 West Hermosa Drive. Staff's recommendation was for denial. Zoning Commission has recommended denial. (Council District 1) 

B.      NUMBER Z2003026: The request of Mary M Carroll, Applicant, for Mary M. Carroll, Owner(s), for a change in zoning from "C-2" Commercial District to "R-4" Residential Single-Family District on Lots 5 and 6, Block 58, NCB 1586, 117 Aransas Avenue. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 1) 

C.      NUMBER Z2003038: The request of AAMA Bentley Place Apartments, Inc., Applicant, for AAMA Bentley Place Apartments, Inc., Owner(s), for a change in zoning from "C-3" Commercial District to "MF-33" Multi-Family District on 1.244 acres out of NCB 15894. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 2) 

D.      NUMBER Z2003027: The request of City of San Antonio, Historic Preservation Officer, Applicant, for Brooks Development Authority, Juvencio Lopez, Owner(s), for a change in zoning to designate Historic Significance on Building 671, Hangar 9.8081 Inner Circle Road. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 3) 

E.       NUMBER Z2003028 : The request of City of San Antonio, Historic Preservation Officer, Applicant, for Brooks Development Authority, Juvencio Lopez, Owner(s), for a change in zoning to designate as a Historic District on a 15 acre tract of land in the northwest corner of Brooks City Base. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 3) 

F.       NUMBER Z2003029: The request of City of San Antonio, Historic Preservation Officer, Applicant, for Brooks Development Authority, Juvencio Lopez, Owner(s), for a change in zoning to designate Historic Significance on Building 538, Brooks City Base. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 3) 

G.      NUMBER Z2003030: The request of Angela Marie Sanders, Applicant, for Angela Marie Sanders, Owner(s), for a change in zoning from "R-6" Residential Single-Family District to "C-2 P NA" Commercial Non-Alcoholic Sales District on Lots 10, 11, and 12, Block 6, NCB 7800, 5305, 5311 and 5319 South Flores Street. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 4) 

H.      NUMBER Z2002258: The request of City of San Antonio, Applicant, for WOH Holdings, Inc.  c/o Charles Martin Wender, Owner(s), for a change in zoning from "R-6" Residential Single-Family District to "R-6 PUD" Residential Single-Family Planned Unit Development District on 92.34 acre tract of land out of NCB 17642, 4100 Block of Wiseman Road. Staff's recommendation was for approval. Zoning Commission has recommended denial. (Council District 6) 

I.         NUMBER Z2002271: The request of Jerry Arredondo, Applicant, for Gary D. Skinner, Owner(s), for a change in zoning from "R-5" Single-Family Residence District to "MF-25" Multi-Family District on Lots 237, 238, 239, 240 and 241, Block E, NCB 11549, 700 Block of Oak Knoll Drive. Staff's recommendation was for approval. Zoning Commission has recommended denial. (Council District 7) 

J.        NUMBER Z2003008: The request of Brad Galo, ABG Development, Ltd, Applicant, for Brad Galo, ABG Development, Ltd, Owner(s), for a change in zoning from "C-2" Commercial District to "C-3" Commercial District on 0.92 acres out of NCB 13732, 14800 Block of Jones Maltsberger Road. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 9) 

K.      NUMBER Z2003031: The request of Paul Bishop, Applicant, for Maverick Oil Company, Inc., Owner(s), for a change in zoning from "BP" Business Park and "I-1" General Industrial District to "RM-4" Residential Single-Family District on 6.506 acres out of NCB 15678, 11000 Wetmore Rd. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 9) 

L.       NUMBER Z2003034: The request of Roy Rosin/Joel Johnson, Applicant, for Placid Investments Attn: Dale Kane, Owner(s), for a change in zoning from "R-5" Residential Single-Family District to "O-1" Office District on Lot 60, Block 20, NCB 17726, Northwest corner of Classen Road and Knollcreek. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 10) 

5.      5:00 P.M. - Citizens to Be Heard. 

THE FOLLOWING ITEMS MAY BE CONSIDERED AT ANY TIME DURING THE REGULAR COUNCIL MEETING: 

CONSENT AGENDA 

Items Concerning the Purchase of Equipment, Supplies and Services 

6.      An authorizing the purchase of video image vehicle detection systems for the City of San Antonio Public Works Department utilizing a contract between Texas Highway Products, Ltd. and the Texas Department of Transportation for a total cost of $78,304.20. [Presented by Janie B. Cantu, Director, Purchasing & General Services; Travis M. Bishop, Assistant City Manager] 

7.      An accepting the bids of various companies to provide the City of San Antonio with a database license agreement, bottled water, self contained breathing apparatus repair parts & service, back support belts and Harrington valve repair parts on an annual contract basis for FY 2003-2004 for a total sum of approximately $415,579.00. [Presented by Janie B. Cantu, Director, Purchasing & General Services; Travis M. Bishop, Assistant City Manager] 

8.      An authorizing a 48 month lease of multi-function printers for the Development and Business Services Center utilizing a lease agreement between Ikon Office Solutions, Inc. and the Texas Local Government Purchasing Cooperative for the City of San Antonio Planning, Development Services and Economic Development Departments for an approximate cost of $148,848.00. [Presented by Janie B. Cantu, Director, Purchasing & General Services; Travis M. Bishop, Assistant City Manager] 

Capital Improvement Items 

9.      An accepting the low, qualified bid of Architectural Graphics, Inc., in the amount of $569,301.00 for the Signage Upgrade Project at San Antonio International Airport and authorizing execution of a construction contract; authorizing $56,930.00 for construction contingencies, for a total amount of $626,231.00; appropriating funds; revising the budget; and providing for payment. [Presented by Kevin Dolliole, Director, Aviation; Christopher J. Brady, Assistant City Manager] 

10. An selecting Independent Design (SB/MBE) to provide architectural services in connection with the Northeast YMCA Building Improvements Community Development Block (CDBG) Project, located in City Council District 10; authorizing the negotiation and execution of a 26th Year Community Development Block Grant (CDBG) funded professional services contract in the amount not to exceed $4,990.00; authorizing $1,000.00 for miscellaneous architectural contingency expenses; authorizing $1,000.00 for bid advertising and printing expenses, for a total amount of $6,990.00; appropriating funds; revising the project budget; and providing for payment. [Presented by Malcolm Matthews, Director, Parks and Recreation; Melissa Byrne Vossmer, Assistant City Manager] 

11. An amending a professional services contract and authorizing additional funds in the amount of $1,500.00 from 1999 Park Bond funds payable to K.M. Ng and Associates (S/D/MBE) for additional engineering services in connection with the Walker Ranch Historic Landmark Park Improvements - Phase II Project, located in Council District 9; authorizing $4,935.00 to the University of Texas at San Antonio for additional archeological survey fees, for a total sum of $6,435.00; revising the budget; appropriating funds; and providing for payment. [Presented by Malcolm Matthews, Director, Parks and Recreation; Melissa Byrne Vossmer, Assistant City Manager] 

12. An ratifying the execution of two contracts with H. Karp Co. in the amount of $42,160.00 and $63,620.00, respectively, to provide the City with emergency repairs to sixteen (16) City-owned houses in connection with the City's Housing Asset Recovery Program (HARP); authorizing construction contingencies in the amount of $1,000.00 and $9,000.00, respectively; and providing for payment. [Presented by David D. Garza, Director, Neighborhood Action; Jelynne LeBlanc Burley, Assistant City Manager]  

Items Concerning the Purchase, Sale or Lease of Real Property 

13. An authorizing the execution of a five (5) year Lease Agreement with T.R.S. of San Antonio, Ltd., d/b/a Pieca D'Italia for approximately 512.5 square feet of Riverwalk sidewalk space in City Council District 1 to be used for outdoor dining purposes for annual rent of $8,533.68 in Year One, $8,742.72 in Year Two, $8,951.76 in Year Three, $9,185.40 in Year Four and $9,431.40 in Year Five. [Presented by Malcolm Matthews, Director, Parks and Recreation; Melissa Byrne Vossmer, Assistant City Manager] 

14. An rescinding the license agreements approved by Ordinance No. 61887, passed on November 25, 1985, and Ordinance No. 62468, passed on March 13, 1986, with the Fairmount Hotel Company and authorizing a License Agreement with Patriot American Hospitality Partnership, L.P., for the use of Public Right of Way for two (2) existing porches and four (4) existing areaways at the southwest corner of Alamo and Nueva Streets and an existing porte cochere on Alamo Street, at the Fairmount Hotel located at 401 South Alamo, within New City Block 155, for a total license fee of $12,139.00 for a ten (10) year term. [Presented by Rebecca Waldman, Director, Asset Management; Erik J. Walsh, Assistant to the City Manager] 

15. An approving a Lease Agreement with Milton Boniuk, M.D. of San Antonio, Texas for 1,530 square feet of office space a 310 Valley Hi Drive, Space #107, by the Youth Services Division of Community Initiatives Department, for a thirteen month term beginning April 1, 2003 and ending April 30, 2004 at a base monthly rental rate of $850.00 for the term of the Lease Agreement; authorizing the execution of a lease agreement and any other necessary documents in connection therewith; and authorizing the payment of the monthly lease rental and utilities. [Presented by Dennis J. Campa, Director, Community Initiatives; Frances A. Gonzalez, Assistant to the City Manager] 

16. An declaring a public necessity for the acquisition of a temporary construction easement and permanent electric transmission and distribution lines easement and any other necessary or desirable property rights over, across, upon, and under certain privately owned real property for the Leon Creek to Pleasanton Project, also known as the Leon Creek - Pleasanton 138 KV Transmission Line Rebuild Project; such easement, and other necessary or desirable property rights being located on the following described real property located in Bexar County, Texas: being Tract 9, containing 5.00 acres in the Helen Johnson Subdivision, Bexar County, Texas according to plat thereof recorded in Volume 2222, page 54 of the Deed and Plat Records of Bexar County, Texas, and being out of the Dionicio Martinez Survey No. 1, Abstract No. 9, County Block 4012, Bexar County, Texas, for the public purposes of the construction, reconstruction, refurbishment, operation, and maintenance of the Leon Creek to Pleasanton Electric Transmission and Distribution Lines, together with all necessary or desirable appurtenances thereto, and a communication system for the City of San Antonio Electric and Gas System; authorizing all appropriate action of the City of San Antonio, acting by and through the City Public Service Board of San Antonio, in the institution and prosecution of condemnation proceedings to acquire such needed temporary and permanent easements and any other necessary or desirable property rights that cannot be acquired through negotiation; and ratifying and affirming all prior acts and proceedings done or initiated by attorneys, agents and employees acting for the City of San Antonio, by and through the City Public Service Board of San Antonio, to acquire such easements and any other necessary or desirable property rights; authorizing all other lawful action necessary or incidental to such acquisitions or eminent domain proceedings to survey, specify, clarify, define and acquire the necessary property rights; and declaring the sections of the Ordinance to be severable one from the other in the event any section of this Ordinance is determined to be invalid. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

Miscellaneous 

17. An authorizing the acceptance of $10,500.00 from the United Way of San Antonio and Bexar County, on behalf of the Alamo Area Community Information System to support Community Technology Centers established at City-operated Learning and Leadership Development Centers; authorizing the execution of any necessary documents in connection therewith; and authorizing an amended budget for said program. [Presented by Dennis J. Campa, Director, Community Initiatives; Frances A. Gonzalez, Assistant to the City Manager]  

18. An authorizing the execution of a Housing Assistance Payment Contract with the San Antonio Housing Authority in an amount not to exceed $288,573.00 for continuation of the rental subsidy program for the Dwyer Avenue Center Single Room Occupancy Program for the term of September 17, 2002 to September 16, 2003. [Presented by Dennis J. Campa, Director, Community Initiatives; Frances A. Gonzalez, Assistant to the City Manager]

19. An authorizing the execution of license agreements with bidders for their use of City kitchens to provide meal samples as part of the evaluation process of the Comprehensive Nutrition Project (CNP) Best Value Bid at a license rate of $50 a day. [Presented by Dennis J. Campa, Director, Community Initiatives; Frances A. Gonzalez, Assistant to the City Manager]  

20. An naming a trailhead located within the Leon Creek Greenway on Babcock Road in City Council District 8 the "Buddy Calk Trailhead." [Presented by Malcolm Matthews, Director, Parks and Recreation; Melissa Byrne Vossmer, Assistant City Manager] 

21. An authorizing the acceptance of a grant in the amount of $15,000.00 from Courtesy Associates at the request of the National Institute of Environmental Health Sciences to support the Community Environmental Health Education Program of the San Antonio Metropolitan Health District (SAMHD) during the period February 20, 2003 through February 19, 2004; establishing a fund; adopting a budget; and authorizing related payments. [Presented by Dr. Fernando A. Guerra, Director, Health; Frances A. Gonzalez, Assistant to the City Manager] 

22. An authorizing payment in the amount of $325,000.00 for the settlement of the lawsuit styled Jeff Kapche v. City of San Antonio, No. SA-CA-1215-EP, United States District Court for the Western District of Texas, San Antonio Division. [Presented by Andrew Martin, City Attorney; Terry M. Brechtel, City Manager] 

Approval of Temporary Street Closures and Traffic Control Procedures for Special Events 

23. An approving a parade permit and authorizing the temporary closure of certain streets near Woodlawn Lake in connection with the Earth Day 5K Fun Run to be held on Saturday, April 19, 2003 from 7:00 A.M. until 8:30 A.M. [Presented by Travis M. Bishop, Assistant City Manager; Terry M. Brechtel, City Manager] 

Board, Commissions and Committee Appointments.  

24. Consideration of the following board appointments: [Presented by Yolanda Ledesma, Acting City Clerk; Travis M. Bishop, Assistant City Manager] 

A.      An appointing Cheryl Dianne Shaw (Consumer Category - District 9) to the Transportation Advisory Board for a term of office to expire on January 26, 2004. 

B.      An appointing Beth Eby (Mayor) to the Tax Phase-In Advisory Committee for a term of office to expire on May 18, 2004. 

C.      An appointing Dora Ramos (District 5) to the Mayor's Commission on the Status of Women for a term of office to expire on December 15, 2004. 

D.     An appointing Alfred P. Rocha (District 5) to Keep San Antonio Beautiful, Inc. for a term of office to expire on December 22, 2004.

 ITEMS FOR INDIVIDUAL CONSIDERATION 

25.Consideration of the following board appointments: [Presented by Yolanda Ledesma, Acting City Clerk; Travis M. Bishop, Assistant City Manager] 

A.     An appointing one member to the South Fort Sam Houston Development Advisory Board for a term of office to expire on January 28, 2003. [Nominee: Robert J. Davis (Clergy Category - District 2)] 

B.     An Ordinance appointing one member to the Metropolitan Transit Authority for a term of office to expire on December 31, 2004. [Nominees: Nancy Englebert (District 4), Martin Bartlett (Mayor) and Laurie (Annie) Gruenbeck (District 3)] 

C.     An Ordinance appointing one member to the Citizens Advisory Action Board for a term of office to expire on January 28, 2004. [Nominees: Laura Zuniga (Council as a Whole), James Devlin (Council as a Whole) and Lawrence Schoenfeld (Council as a Whole)] 

D.    An appointing ten members to the Air Transportation Advisory Commission for staggered terms of office. [Nominees: Edward Carrola (Aviation Industry Category - Mayor); Richard Kelley (Aviation Industry Category - Mayor/District 8); Edward A. Benson (Aviation Industry Category - Mayor); Marsha Hendler (Travel & Tourism Category - Mayor); Siegfried Richter (Travel & Tourism Category - Mayor); Marco Barros (Community Representative Category - District 6); Mary Briseno (Community Representative Category - Mayor); Richard Green II (Community Representative Category - Mayor); Al Sturchio (Community Representative Category - District 6); Manuel Fuentes (Community Representative Category - District 3); Loren Wood (Business Category - Mayor); Mark Tafolla (Business Category - Mayor); and Timothy Tuggey (Business Category - Mayor)] 

E.     An Ordinance appointing three members and reappointing two members to the Noise Abatement Advisory Committee for staggered terms of office. [Nominees: Gerald Jewell (Neighborhood Association Category - District 10); Orline Kolm (reappointment - Neighborhood Association Category - District 9); Scott McGauvran (Neighborhood Association Category - District 9); Gary Pape (reappointment - Aviation Industry Category - District 9); and Edward A. Benson (Air Transportation Advisory Commission Category - District 9)] 

26. An authorizing the execution of a ten (10) year License Agreement with the San Antonio Conservation Society for their annual "A Night in Old San Antonio" event in La Villita in conjunction with Fiesta. [Presented by Malcolm Matthews, Director, Parks and Recreation; Melissa Byrne Vossmer, Assistant City Manager]

27. An supporting a License Agreement with the Dallas Cowboys Organization to hold its 2003 Training Camp at the Alamodome from the approximate dates of July 24, 2003 through August 20, 2003, including the assumption by the Cowboys of all procurement and expenses related to field installation, maintenance and removal, as well as local expenses including lodging, meals and transportation; authorizing the expenditure of $800,000.00 of reallocated Pan American Games reserve funds to bring the 2003 Training Camp to San Antonio; and providing for payment. [Presented by Michael Abington, Director, Alamodome; Roland Lozano, Assistant to the City Manager] 

28. An Ordinance granting a request submitted by Shane Road Partners, L.P. for waiver of the Interim Development Controls adopted on February 6, 2003 (Ordinance No. 97173) as it applies to Plat Number 000363, Heritage Oaks. [Presented by Florencio Pena, Director, Development Services; Christopher J. Brady, Assistant City Manager] 

29.  An authorizing payment to Ticor Title Company in the amount of $500,450.00 as escrow agent for fee simple purchase of a 83.717-acre tract of land situated between the Windgate Ranch and Highway 211 in northwest Bexar County, Texas, under the auspices of the Proposition Three Edwards Land Acquisition and Park Expansion Project; accepting by donation at 6.987-acre tract of land situated in Medina County; authorizing payment of $5,000.00 to the Trust for Public Land for its services in negotiating, investigating and purchasing said property; authorizing  the execution of a real estate purchase contract to accomplish said purchase. [Presented by Susan Valis Crane, Special Project Manager; Christopher J. Brady, Assistant City Manager] 

30. An ratifying the submission of a proposal and Technical Submissions to the U.S. Department of Housing & Urban Development (HUD) in connection with the 2002 Continuum of Care Homeless Assistance Supportive Housing Program (SHP); authorizing the acceptance of a multi-year grant in an amount up to $4,533,729.00 in connection with said proposal; and authorizing the execution of grant agreements with HUD for services to be provided by various agencies. [Presented by Dennis J. Campa, Director, Community Initiatives; Frances A. Gonzalez, Assistant to the City Manager]  

31.  An allocating $400,000.00 from 1999 G.O. Library Bond funds for the purchase of the opening day materials collection of the Mystic Park Branch Library, located in the 8700 block of Mystic Park, between Guilbeau Road and Bandera Road in Council District 7. [Presented by Laura Isenstein, Director, Library; Frances A. Gonzalez, Assistant to the City Manager] 

32. City Manager's Report. 

33. Executive Session: Consultation concerning attorney-client matters (real estate, litigation, contracts, personnel and security) may be discussed. 

Discuss legal issues relating to Robert Milam v. City of San Antonio, SA-01-CA-1123-EP, and Robert Milam v. G. Escobedo, R. Coronado, R. Land, No. 2000-CI-17517; 150th Judicial District, pursuant to Texas Government Code Section 551.071 (consultation with attorney).